Constitution and Federalism SG

Federalism

Federalism

a system of government in which a written constitution divides power between a central and state government

Delegated / Exclusive Powers

powers that can only be used by national governments

Expressed / Enumerated Powers

powers specified clearly in the constitution

Implied Powers

powers not specifically mentioned, but suggested by the expressed powers

Inherent Powers

powers that belong to all independent governments (just because they exist)

Concurrent Powers

powers shared by the national and state government

Reserved Powers

powers not given to the national government or denied to the states

Supremacy Clause

federal law is supreme to state law

Full Faith and Credit Clause

the court respects the courts of other states

Privileges and Immunities Clause

the citizens of each state shall be entitled to all privileges and amenities of citizens in other states (no discrimination from state to state)

Necessary and Proper Clause / Elastic Clause

allows congress to pass laws necessary to carry out their jobs

Establishment Clause

the US government cannot pick 1 religion for everyone to follow

Due Process Clause

no person shall be “deprived of life, liberty, or property without due process of law”

Free Exercise Clause

protects citizen’s rights to practice religion as they please

Extradition Clause

a criminal in one state, found in another, will be returned to the state where the crime was committed

Equal Protection Clause

all US people are protected equally

Take Care Clause

the President shall take care that the laws be faithfully executed

Commerce Clause

regulate international and national trade

Constitutionalism

when a governing bodys authority is based off a constitution

Amendment

a change that is made to the constitution

Ratification

the approval of the constitution

Framers

people who wrote the constitution or had a part in the constitution

Constitutional Convention

the event where the Constitution was written

The 3/5th Compromise

slaves count as 3/5s of a person for representation purposes

New Federalism

powers shifting between states and federal government

Devolution

effort to slow the growth of the government with more power and to work then back into a balance

Who were the three authors of the Federalist Papers?

James Madison, Alexander Hamilton, and John Jay

Who were the Anti Federalists versus the Federalists? What was given to the Anti Federalists to appease them into ratifying the Constitution?

The Federalists were the people who supported the ratification of the Constitution. The Antis were the opposite. They were fearful of the Constitution and didn’t support it whatsoever. They were given the Bill of Rights as appeasement for the Constitution.

Why was this Constitution written? Where was it written (event, city, state)?

The Constitution was written to fix the Articles of Confederation. It was written at the Constitutional Convention in Philadelphia, Pennsylvania.

What are the 5 basic principles of the Constitution? Define Each.

Checks and Balances: the idea that each branch of the government is separated alongside its powers

Federalism: division of power between the national and state government

Limited Government: The government isn’t so powerful that the people can still have a voice

Popular Sovereignty: the rights go to the people

Separation of Powers: Three branches of government

Where do local governments get their powers from according to the Constitution?

Federal government

What is an example of each of the inherent, expressed, and implied powers?

Inherent: boarders

Expressed: raise/support military

Implied: creation of the IRS

What is an example for each of the reserved, exclusive, and concurrent powers?

Reserved: driver's license

Exclusive: declare war

Concurrent: taxes

Why do the national and state governments share some powers but not others?

The national and state governments share some powers as a way of Checks and Balances and making sure that no one government has more power over the other.

How is a constitutional amendment proposed? How would it be ratified?

A constitutional amendment is proposed when ⅔ of the House or Senate vote and it is sent to the opposite chamber. It is then ratified if the President says yes or when the House or Senate overthrows the President's veto with a majority rule.

What are the advantages and disadvantages of federalism? What are 5 examples of federalism in the Constitution?

The advantages are that there are several things put in place to make sure that no one branch or level of government gets too much power which is one of the many reasons why we still have the same constitution as the second or first one was ever written (depends how you look at it)

Disadvantages are that the power overlaps so that no one branch or level of government gets too much power and then it’s hard to get things approved/changed.

1. Supremacy clause

2. Limit on powers

3. Commerce Clause

4. Expressed Powers

5. States Rights

What are the 7 Articles of the Constitution in the correct order?

Legislative

Executive

Judicial

Relations among the states

Amendment process

Federal power

Ratification

What are the 6 categories each amendment falls into? (Be able to define them) Place each amendment into its appropriate category and explain why it’s there.

The Bill of Rights: 1-10 (states our freedoms)

Reconstruction Era: 13-15, (wanted to reconstruct the U.S)

Progressive Era: 16-19 (helped the U.S move forward)

Disenfranchised Groups: 15, 19, 24, 26 (all involve voting)

Presidency And Electoral College Modifications: 12, 20, 22, 23, 25 (involve presidential elections)

Unique Historical Circumstances: 12, 21, 27, (they don’t fit in any other category)

What are the 2 general types of Federalism we discussed in class? What styles of cakes are they compared to?

The 2 general types of Federalism we discussed in class are cooperative federalism and dual federalism. Cooperative federalism is a marble cake and dual federalism is a layered cake.

What was the difference between the Virginia Plan and the New Jersey Plan? What was the Great Compromise?

Virginia Plan: They wanted the separation of powers, wanted voting to be based on the population of the state, and wanted the federal government to have most of the power.

New Jersey Plan: They wanted every state to have equal representation in the Senate and in the end favored small states instead of bigger ones.

Great Compromise: Created a hybrid of both plans and made the House Of Representatives based on population while the Senate had equal representation.